The rule of law and reasonable suspicion

Abstract

New South Wales and Victorian Parliaments have introduced legislation that allows extended police powers in designated areas. In these areas, police can conduct non-invasive searches of individuals without the need for a warrant and without the need for reasonable suspicion. In this way, the laws mirror similar laws passed in the United Kingdom. In this article, I argue that such laws reflect an unacceptable infringement of the rule of law, by subjecting citizens to arbitrary exercise of power by police.